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2018 Georgia Code 16-7-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-7-5 Case Law from Google Scholar Amendments to OCGA 16-7-5

TITLE 16 CRIMES AND OFFENSES

Section 7. Damage to and Intrusion upon Property, 16-7-1 through 16-7-97.

ARTICLE 1A HOME INVASION

16-7-5. Home invasion in the first and second degree.

  1. As used in this Code section, the term "dwelling" shall have the same meaning as provided in Code Section 16-7-1.
  2. A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
  3. A person commits the offense of home invasion in the second degree when, without authority and with intent to commit a forcible misdemeanor therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
  4. A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00. A person convicted of the offense of home invasion in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00.
  5. Adjudication of guilt or imposition of sentence for home invasion in any degree may be probated at the discretion of the judge; provided, however, that such sentence shall not be suspended, deferred, or withheld.
  6. A sentence imposed under this Code section may be imposed separately from and consecutive to a sentence for any other offense related to the act or acts establishing the offense under this Code section.

(Code 1981, §16-7-5, enacted by Ga. L. 2014, p. 426, § 3/HB 770.)

Law reviews.

- For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015).

Cases Citing Georgia Code 16-7-5 From Courtlistener.com

Total Results: 7

Lee v. State

Court: Supreme Court of Georgia | Date Filed: 2025-06-24

Snippet: enters the occupied dwelling of another. OCGA § 16-7-5 (b). So a home invasion is a burglary with the

Pinkins v. State

Court: Supreme Court of Georgia | Date Filed: 2024-08-13

Citation: 905 S.E.2d 596, 319 Ga. 595

Snippet: required intent for malice murder. Compare OCGA § 16-7-5 (b) 20 (requiring

Blash v. State

Court: Supreme Court of Georgia | Date Filed: 2024-02-20

Citation: 318 Ga. 325

Snippet: is a prison term of between one and 20 years); 16-7-5 (d) (sentencing options for home invasion are

Blash v. State

Court: Supreme Court of Georgia | Date Filed: 2024-02-20

Snippet: prison term of between one and twenty years); 16-7-5 (d) (sentencing options for home invasion are

Overstreet v. State

Court: Supreme Court of Georgia | Date Filed: 2021-10-05

Citation: 864 S.E.2d 14, 312 Ga. 565

Snippet: offenses of home invasion (as defined in OCGA § 16-7-5) and armed robbery (as defined in OCGA § 16-8-41

Subar v. State

Court: Supreme Court of Georgia | Date Filed: 2020-09-08

Citation: 848 S.E.2d 109, 309 Ga. 805

Snippet: “therein,” or inside the residence. See OCGA § 16-7-5 (b).5 But the indictment alleged that Subar “did

Jordan v. State

Court: Supreme Court of Georgia | Date Filed: 2019-11-18

Citation: 307 Ga. 450

Snippet: had “authority to be present” there. See OCGA § 16-7-5 (b) (“A person commits the offense of home invasion